Robert Linnar v. CR Bard Inc et al
| Robert Linnar |
| McKesson Corporation, Does 1 through 100 Inclusive, CR Bard Inc and Bard Peripheral Vascular Inc |
| 2:2020cv07486 |
| August 18, 2020 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Stanley Blumenfeld |
| John E McDermott |
| Stephen V Wilson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 56 Mail Returned addressed to Darren McDowell re Pro Hac Vice Application Due (G-109) - optional html form #31 . (et) |
| Filing 55 Mail Returned addressed to Darren McDowell re Initial Order upon Filing of Complaint - form only #36 . (et) |
| Filing 54 Mail Returned addressed to Darren McDowell re Notice to Parties of Court-Directed ADR Program (ADR-8) #29 . (et) |
| Filing 53 Mail Returned addressed to Darren McDowell re Notice of Assignment to United States Judges (CV-18) #28 . (et) |
| Filing 52 Mail Returned addressed to Darren McDowell re Notice of Receipt of Case Transferred in #27 . (et) |
Filing 50
ORDER GRANTING JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES by Judge Stephen V. Wilson re: #48 Motion for Discovery. IT IS ORDERED: 1. The Joint Motion to Stay Discovery and All Pretrial Deadlines is GRANTED. 2. All deadlines in this matter are STAYED until January 19, 2021. 3. The case is moved to inactive calendar. The parties are ordered to inform the Court, in writing, if settlement is not finalized. (mrgo)
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Filing 51
ORDER OF THE CHIEF JUDGE (#20-110) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Stanley Blumenfeld, Jr., this case is transferred from Judge Stephen V. Wilson to the calendar of Judge Stanley Blumenfeld, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-07486-SB-JEMx. (mrgo)
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| Filing 49 SCHEDULING NOTICE - The initial status conference previously scheduled for 09/28/2020 at 1:30 p.m. has been rescheduled to 10/5/2020 at 3:00 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 48 NOTICE OF MOTION AND Joint MOTION for Discovery regarding JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES filed by Defendants Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order (Proposed) Order Granting Joint Motion to Stay Discovery and all Pretrial Deadlines)(Goines, William) |
| Filing 47 STIPULATION to Dismiss Case pursuant to STIPULATION OF VOLUNTARY DISMISSAL OF MCKESSON CORPORATION WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(1)(A)(ii) filed by Defendants Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION OF VOLUNTARY DISMISSAL OF MCKESSON CORPORATION WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(1)(A)(ii))(Goines, William) |
| Filing 46 SCHEDULING NOTICE by Judge Stephen V. Wilson - The initial status conference previously scheduled for 11/09/2020 at 3:00 p.m. has been rescheduled to 9/28/2020 at 1:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 43 Notice of Electronic Filing re REQUEST TO SUBSTITUTE ATTORNEY William J. Goines in place of attorney Melissa Dorman Matthews #42 , Notice of Appearance or Withdrawal of Counsel (G-123), #40 , Pro Hac Vice Application Due (G-109) - optional html form,, #35 , Pro Hac Vice Application Due (G-109) - optional html form,, #32 , REQUEST TO SUBSTITUTE ATTORNEY Arati C. Furness in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell #38 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #29 , Initial Order Setting R26 Scheduling Conference - form only #37 , Pro Hac Vice Application Due (G-109) - optional html form,, #31 , Notice of Receipt of Case Transferred in - optional html form, #27 , Pro Hac Vice Application Due (G-109) - optional html form,, #33 , Initial Order upon Filing of Complaint - form only #36 , Notice of Withdrawal #41 , Pro Hac Vice Application Due (G-109) - optional html form,, #30 , Pro Hac Vice Application Due (G-109) - optional html form,, #34 , Stipulation to Substitute Attorney, #39 e-mailed to Darren McDowell bounced due to No longer at firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
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Filing 45
ORDER by Judge Stephen V. Wilson: granting #42 Request to Substitute Attorney. William J. Goines is substituted in place of attorney Melissa Dorman Matthews, Jordan E. Jarreau, and Jessica Junek for Defendants Bard Peripheral Vascular Inc, CR Bard Inc. Attorney Jordan E. Jarreau and Melissa Dorman Matthews terminated. (mrgo)
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Filing 44
ORDER by Judge Stephen V. Wilson: granting #38 Request to Substitute Attorney. Arati C. Furness is substituted in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell filed for Plaintiff Robert Linnar. Attorney Steven Scott Schulte; Darren McDowell and Eric M Przybysz terminated. (mrgo)
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| Filing 42 REQUEST TO SUBSTITUTE ATTORNEY William J. Goines in place of attorney Melissa Dorman Matthews filed by Defendants Bard Peripheral Vascular Inc, CR Bard Inc, Does 1 through 100 Inclusive. (Attachments: #1 Proposed Order) (Attorney William Jeffrey Goines added to party Does 1 through 100 Inclusive(pty:dft)) (Goines, William) |
| Filing 41 Notice of Withdrawal of Stipulation to Substitute Attorney, #39 filed by Defendants Bard Peripheral Vascular Inc, CR Bard Inc, Does 1 through 100 Inclusive. (Attachments: #1 Proposed Order)(Goines, William) |
| Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney William Jeffrey Goines counsel for Defendants Bard Peripheral Vascular Inc, CR Bard Inc. Adding William J. Goines as counsel of record for Defendants C.R. Bard, Inc., et al. for the reason indicated in the G-123 Notice. Melissa Dorman Matthews is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants C.R. Bard, Inc., et al.. (Goines, William) |
| Filing 39 STIPULATION to Substitute attorney William J. Goines in place of attorney Melissa Dorman Matthews filed by Defendant Bard Peripheral Vascular Inc, CR Bard Inc. (Attachments: #1 Proposed Order)(Attorney William Jeffrey Goines added to party Bard Peripheral Vascular Inc(pty:dft), Attorney William Jeffrey Goines added to party CR Bard Inc(pty:dft))(Goines, William) |
| Filing 38 REQUEST TO SUBSTITUTE ATTORNEY Arati C. Furness in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell filed by Plaintiff Robert Linnar. (Attachments: #1 Proposed Order Proposed Order) (Attorney Arati Chauhan Furness added to party Robert Linnar(pty:pla)) (Furness, Arati) |
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Filing 37
ORDER SETTING INITIAL STATUS CONFERENCE for 11/9/2020 at 3:00 PM before Judge Stephen V. Wilson. (pc)
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Filing 36
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jordan E Jarreau. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jessica Junek. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Melissa Dorman Matthews. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steven Scott Schulte. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 31 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Darren McDowell. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 30 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eric M Przybysz. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 29 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 28 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge John E. McDermott. (car) |
| Filing 27 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:20-cv-02262-S, from U.S. District Court Northern District of Texas (Dallas). The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-7486-SVW. (car) |
| Filing 26 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Northern |
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Filing 25
MEMORANDUM OPINION AND ORDER granting #20 Unopposed Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Carissa Douglas's case be severed and transferred to the Oakland Division of the Northern District of California (Civil case 3:20-cv-2259-S opened); b. Plaintiff Veletta Gardner's case be severed and transferred to the West Palm Beach Division of the Southern District of Florida (Civil case 3:20-cv-2260-S opened); c. Plaintiff Arnetha Henderson's case be severed and transferred to the Bay City Division of the Eastern District of Michigan (Civil case 3:20-cv-2261-S opened); d. Plaintiff Robert Linnar's case be severed and transferred to the Southern Division of the Central District of California (Civil case 3:20-cv-2262-S opened); e. Plaintiff Betty McCoy' s case be severed and transferred to the Baltimore Division of the District of Maryland (Civil case 3:20-cv-2263-S opened); f. Plaintiff Deloris Montgomery's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2264-S opened); g. Plaintiff Sheila Preissler's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2265-S opened); h. Plaintiff Pamela Rowland's case be severed and transferred to the Little Rock Division of the Eastern District of Arkansas (Civil case 3:20-cv-2266-S opened). Plaintiff Colette Eason is the sole plaintiff with any connection to this forum. Accordingly, she shall remain in the Dallas Division of the Northern District of Texas (Ordered by Judge Karen Gren Scholer on 8/18/2020) (axm) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 22 Appendix in Support filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 19 RESPONSE filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff re: #16 Notice (Other), filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
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Filing 15
ORDER: To assist the Court, counsel for all parties shall complete the form attached hereto as Exhibit A for each Plaintiff in this action. The parties shall file their completed forms on or before 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla) [Transferred from Texas Northern on 8/20/2020.]
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Filing 14
ELECTRONIC ORDER: The Court grants the parties' Agreed Motion for Extension of Time. (Ordered by Judge Karen Gren Scholer on 7/1/2020) (ctf) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced with the flattened document on 6/17/2020) (pnp). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/20/2020.] |
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Filing 5
ORDER REASSIGNING CASE. The above-referenced matter is transferred to the docket of the Honorable Judge Karen Gren Scholer, who has a related case. All future pleadings shall be filed under case number 3:20-CV-1480-S. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/9/2020) (twd) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc, re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by CR Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10897473) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A - Portion of REACH Agreement, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket Sheet, #8 Exhibit(s) D-2 - Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Notice of Initial Dismissal Hearing, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral, #17 Exhibit(s) D-11 - Notice of Initial Dismissal Hearing) (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/20/2020.] |
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